The power of speech
On this Sunday morning as we speed toward the election of the next President of these United States, I am increasingly aware of my desire to be a responsible citizen who does not allow the fear of speaking up or the need to prove I am right to control my speech.
The first amendment of the Constitution of the United States is:
Congress shall make no law respecting an establishment of religion, or prohibition the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to assemble, and to petition the Government not for a redress of grievances.
The question is whether one has the right to restrict the freedom of religion or speech of others by using speech with is clearly meant to intimidate and/or threaten. A further question is whether local or state government can make and enforce laws restricting the freedom of religion or the freedom of speech of those under its jurisdiction. There are, for example, laws restricting the right to incite panic in a crowded theater (pre-COVID-19)by yelling fire. It could also be posited that if one is carrying a loaded gun while opposing another’s right of free speech, one then has to balance what some interpret as the second amendment right to bear arms against the right of free speech.
Law and specifically constitutional law are not my area of expertise although as an active citizen who exercises his right to be a member of a representative democracy, in it is my right and duty to help elect representatives who strive to protect what I understand to be the rights and responsibilities of all the citizens of this nation.
One of the issues which I, as a citizen, must address is whether to interpret the United States Constitution and its amendments according to what I believe the authors intended or according to what I believe is permissible within the limits of that said document and in accordance with the current understanding of what it means to be an equal citizen of these United States; in terms of what rights and privileges are guaranteed under said constitution and its amendments.
In pursuit of my responsibility I also turn to a famous quote from the Declaration of Independence of these United States.
We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of happiness....
We now, of course, understand “men” to mean all individuals regardless of race, gender, nationality, religion, money/land ownership, age, or educational status. it seems to me that one is then forced to interrupt the Constitution of these United States to mean one has to do all that is possible to insure that the rights of one does not restrict the rights of others. if a person is forced to listen to racist statements over and over again, he or she will not stay healthy enough to pursue their unalienable rights. If one treats the one making racist statement as less then then one is denying their rights to the pursuit of their unalienable rights. The challenge is to respond to the person making racist statements in a way which honors their rights and their dignity. If I call that person a name then they will not hear me. If I say that to them I have a difficult time hearing you when you use that language I am owning the issue and leaving open the possibility of a dialogue.
On this Sunday morning which, for many, is a day set aside to give thanks (otherwise known as worship) I want to respond to hate with love and with an awareness of the fear underlying the hate. I want to respect and honor my fear in standing up for what I believe we as a nation can achieve without self-righteously violating the rights of others to be treated with love and respect.
Written July 12, 2020
Jimmy F Pickett
coachpickett.org
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